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205. Common Trademark Mistakes That Could Cost Your Business Thousands

Life After Corporate

Release Date: 03/04/2025

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Have you ever considered that your business name might already belong to someone else? 

In this episode of Life After Corporate, host Deb Boulanger sits down with trademark attorney Lauren Bercuson to uncover the costly mistakes entrepreneurs make when it comes to trademarks. Lauren explains why securing a URL or registering your business name isn’t enough to protect your brand, and she shares the crucial steps every business owner should take before launching. From the risks of skipping a comprehensive trademark search to the dangers of infringing on an existing mark, she breaks down the legal nuances that could make or break your brand. Whether you’re naming a new business, launching a product, or starting a podcast, this episode is packed with must-know strategies to avoid legal headaches and financial losses. 

Think your brand is safe? You might want to think again.

 

 [00:05- 07:10] Common Misconceptions About Brand Protection  

  • Owning a URL does not grant legal protection for a brand name.

  • Business entity registration does not equate to trademark protection.

  • Trademarking with the USPTO provides a legal defense against name disputes.

  • A registered trademark is policed by the USPTO, preventing similar names from registering.

   

[07:11 -14:33] The Limits of DIY Trademark Searches  

  • Searching the USPTO database is not enough to confirm trademark availability.

  • Similar-sounding or phonetically equivalent names can still cause conflicts.

  • Google searches do not account for common law trademarks.

  • Trademark attorneys understand nuances like foreign equivalency and industry overlap.

   

[14:34 - 29:38]  The Trademark Registration Process    

  • A comprehensive search determines if a name is legally available.

  • The USPTO review process takes 8-10 months.

  • Trademark registration strengthens brand identity and legal protection.

  • Businesses with trademarks have an advantage in negotiations and funding.

 

[22:39 - 30:53] Why Podcasts and Digital Brands Should Be Trademarked  

  • Trademarking a podcast prevents others from using a similar name.

  • Even non-monetized podcasts benefit from brand protection.

  • Legal conflicts arise when similar show names confuse audiences.

  • Entrepreneurs should treat digital assets as valuable business properties.

 

Mentioned Resources

 

Connect with Lauren Bercuson

 

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Tweetable Quotes:

"If I tell you I got my cookies from Bluebird cookie shop, and somebody else tells you, oh, these cookies are from Blubyrd Cookie Shop, you're not gonna know whether it's Bluebird, spelled traditionally, or Blubyrd."... Lauren Bercuson on Preventing Trademark Confusion

"I actually love “THE GREAT DOOVER” because it really doesn't give you any hint of what the goods or services might be. And that is actually scary to a lot of business owners, but those kinds of marks make the absolute best trademarks because they're the most distinctive."...Lauren Bercuson on The Value of Distinctive Trademarks

 

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